Hulls rekindles acting judges bid

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The State Government postponed the push in November after
concerted opposition from judges, magistrates and lawyers.

But a bill on acting judges is scheduled to be debated in
Parliament today and the Government is believed to want acting
judges in place by mid-year.

Attorney-General Rob Hulls said in November that the proposed
legislation had been postponed to allow more time to consider
"implementation issues".

Mr Hulls wants to appoint acting judges from the ranks of
barristers, solicitors and legal academics for terms of up to five
years to improve court efficiency and flexibility.

He says acting judges could be appointed to deal with increased
workloads after major legislative changes, important rulings by
higher courts or big police operations.

He also envisages acting judges significantly widening the pool
of candidates for judicial office without harm to judicial
independence.

Judges, magistrates, barristers and solicitors have warned the
Government that appointing acting judges could threaten judicial
independence and raise constitutional questions.

Bar Council chairman Ross Ray, QC, said yesterday that the bar's
opposition to acting judges remained "soundly based and
entrenched".

"We are surprised the Government is pushing ahead with this in
the face of all the opposition it has received," Mr Ray said.
"There is no need for it and yet this Government is relentless in
its desire to push ahead."

The heads of Victoria's courts and the Judicial Conference of
Australia, the leading national judicial body, have decried Mr
Hulls' proposal.

Judicial conference chairman Ronald Sackville wrote to Mr Hulls
last year saying there was "a substantial body of opinion" among
Australian judges that the use of acting judges was inconsistent
with the principle of judicial independence, "except in very
limited circumstances".